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IN THE COURT OF APPEALS OF IOWA No. 6-348 / 05-1156 Filed June 28, 2006

IN RE THE MARRIAGE OF ANITA KAY FAY AND MICHAEL JOSEPH FAY Upon the Petition of Anita Kay Fay, Petitioner-Appellee, And Concerning Michael Joseph Fay, Respondent-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Bremer County, Paul W. Riffel, Judge.

A father appeals the custody and visitation portions of a dissolution decree. AFFIRMED.

David A. Roth of Gallagher, Langlas & Gallagher, P.C., Waterloo, for appellant. Richard D. Stochl of Elwood, O'Donohoe, Stochl, Braun & Churbuck, New Hampton, for appellee.

Heard by Vogel, P.J., and Zimmer and Vaitheswaran, JJ.

2 VAITHESWARAN, J. Michael and Anita Fay had three children during their thirteen-year marriage. When they divorced, the district court granted Anita physical care of the children, subject to visitation with Michael. The visitation schedule included one weekday evening per week, as well as alternate weekends and holidays. Michael has appealed the custody and visitation portions of the dissolution decree. He contends that the district court should have awarded the parties joint physical care. Alternately, he argues the visitation schedule should include

weekday overnight visits. Our review of these issues is de novo. Iowa R. App. P. 6.4. I. Joint Physical Care The district court considered and rejected Michael's request for joint physical care on the following grounds: The shared physical placement arrangement as proposed by Michael is not in the long-term best interest of the children nor is it feasible under the circumstances herein. The parties do not communicate well with each other regarding matters pertaining to their children. Anita has been the children's primary caregiver since the parties separated for the last time in October 2003. She should continue in that role. She is better able both emotionally and physically to minister to the children's day-to-day needs. Michael argues the ruling was inequitable for the following reasons: (A) a statutory amendment created a preference for joint physical care; (B) the parents' communication difficulties were not insurmountable; and (C) a joint physical care arrangement was practicable. A. Statutory Amendment. Michael first argues that this portion of the court's ruling is inconsistent with a recent statutory amendment relating to joint physical

3 care. 2004 Iowa Acts ch. 1169,

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